A.Lakshmanan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18996 of 2019 A.Lakshmanan ... Petitioner Vs

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Thiyagadurgam Police Station, Villupuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 2nd respondent to alter the offence in FIR under section 294(b), 323, 324, 506(2) and 307 of IPC instead of 294(b), 323, 324, 506(2) of I.P.C. in Cr.No.250/2019 on the file of 2nd respondent and file a final report within a stipulated period by conducting fair investigation.

For Petitioner : Mr.P.M.Vijay Praveen For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent to alter the offence in FIR under section 294(b), 323, 324, 506(2) and 307 of IPC instead of 294(b), 323, 324, 506(2) of I.P.C. in Cr.No.250/2019 on the file of 2nd respondent and file a final report within a stipulated period by conducting fair investigation.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 10.06.2019 for offences under Sections 294(b), 323, 324, 506(2) of I.P.C. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offences will be accordingly altered and all the accused persons will be brought to book.

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3. In view of the above submission, there shall be a direction to the respondents to continue the investigation effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final report by showing the necessary offences. All the persons involved in the crime shall also be made as accused persons.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Joint Registrar (Judicial) //True Copy// Sub Assistant Registrar vs/jas To

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Thiyagadurgam Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.T.Balachandran, Advocate, S.R.No.61356 Crl.O.P.No.18996 of 2019 CP(CO) SSM(06/08/2019).

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